Case law

National Labor Relations Board v. Champ Corporation

913 F.2d 639 · Court of Appeals for the Ninth Circuit · Aug 29, 1990

We must uphold the Board’s decision if its factual findings are supported by substantial evidence and if it has correctly applied the law. NLRB v. Howard Elec. … NLRB v. McQuaide, Inc., 617 F.2d at 354 ; see also NLRB v.

National Labor Relations Board v. R. H. Osbrink

218 F.2d 341 · Court of Appeals for the Ninth Circuit · Feb 23, 1955

218 F.2d 341 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. R. H. OSBRINK, M. E. Osbrink and Berton W. Beals, as Trustee, co-partners, doing business under the firm name and style of R. H. … As was said in N.L.R.B. v.

National Labor Relations Board v. Grunwald-Marx, Inc.

290 F.2d 210 · Court of Appeals for the Ninth Circuit · Apr 3, 1961

We decline to enforce the board’s proposed order. While one single isolated instance of a threat may be enough for an unfair labor practice under section 8(a) (1) of the National Labor Relations Act, 29 U.S. … The weakness of the case is well illustrated by the hearing examiner's conclusion that there was no threat of reprisal or force or a promise of benefit and he found support in the dissent of one member of the board.

State of Alaska Department of v. Federal Subsistence Board

62 F.4th 1177 · Court of Appeals for the Ninth Circuit · Mar 14, 2023

First, there was evidence that the Board had opened emergency hunts in the past. Second, the regulation under which the Board authorized the Kake hunt remained in effect. … Compare Brach v.

National Labor Relations Board v. Miller Brewing Company

408 F.2d 12 · Court of Appeals for the Ninth Circuit · Feb 20, 1969

Leeds & Northrup Co. v. NLRB, 391 F.2d 874 (3d Cir. 1968) ; General Tel. Co. v. NLRB, 337 F.2d 452 (5th Cir. 1964). … See, generally, NLRB v. Acme Indus. Co., 385 U.S. 432 , 85 S.Ct. 565 , 17 L.Ed.2d 495 (1967). V.

Did Building Services, Inc. v. National Labor Relations Board, National Labor Relations Board v. Did Building Services, Inc.

915 F.2d 490 · Court of Appeals for the Ninth Circuit · Sep 26, 1990

NLRB v. Sauk Valley Mfg. Co., 486 F.2d 1127 , 1130 *494 (9th Cir.1973). We will not overturn the Board’s decision to certify a union unless the Board abused its discretion. Cal-West-em, 870 F.2d at 1484 . … As NLRB v.

Thelma F. Mead v. Merit Systems Protection Board

687 F.2d 285 · Court of Appeals for the Ninth Circuit · Sep 14, 1982

See generally Carter v. United States, 407 F.2d 1238, 1242 (D.C.Cir.1968). … See Losure v. Interstate Commerce Commission, 2 MSPB 361 (1980); see also Sahni v. Government of the District of Columbia, 4 MSPB 252 (1980); Lewis v. Department of Army, 4 MSPB 350 (1980).

National Labor Relations Board v. World Evangelism, Inc.

656 F.2d 1349 · Court of Appeals for the Ninth Circuit · Sep 21, 1981

The Board’s interpretation of the Act is entitled to considerable deference, and must be upheld if reasonably defensible. Ford Motor Co. v. … It apparently acquiesced in Brown’s statement that he and Rose had reached agreement on contract terms. WEI brushed aside Brown’s questions about the wages the engineers were receiving.

Arthur N. Stephenson v. National Labor Relations Board

614 F.2d 1210 · Court of Appeals for the Ninth Circuit · Mar 24, 1980

Courts have remanded cases to the Board for specific findings when persuasive uncontradicted evidence does not exist to resolve a factual issue. See, e. g., N. L. R. B. v. … The Board may enforce an arbitration award as part of its power to make remedial orders after concluding that an unfair labor practice had been committed. N. L. R. B. v.

National Labor Relations Board v. Pacific Erectors, Inc.

718 F.2d 1459 · Court of Appeals for the Ninth Circuit · Oct 25, 1983

STANDARD OF REVIEW A Board finding of fact must be accepted if supported by substantial evidence on the record as a whole. Universal Camera Corp. v. … If the Board’s application of these findings is rational and consistent with the Act, the order is entitled to enforcement. Beth Israel Hospital v.

Robert's Tours, Inc. v. National Labor Relations Board

578 F.2d 242 · Court of Appeals for the Ninth Circuit · Jul 10, 1978

Tom Brown Drilling Co., 172 NLRB 1267 (1968); Piggly-Wiggly # 011, 168 NLRB 792 (1967); A.D. … NLRB v. Aaron Brothers Corp., 563 F.2d 409 (9th Cir. 1977).

Marc A. Burnett v. Robert O. Lampert Oregon Board of Parole and Post Prison Supervision

432 F.3d 996 · Court of Appeals for the Ninth Circuit · Dec 27, 2005

Burnett contends that Brown v. Palmateer, 379 F.3d 1089 (9th Cir.2004), is a case "factually indistinguishable” from his own. That is incorrect. … However, at the time the court was considering Brown’s federal habeas petition, Brown had not yet been released on parole but remained imprisoned as a direct result of “the Board['s] retroactive[ ] application of] a version

Warner v. War Contracts Price Adjustment Board

188 F.2d 363 · Court of Appeals for the Ninth Circuit · Apr 13, 1951

The motion of War Contracts Price Adjustment Board to dismiss the appeal to this court and the petition for review of the determination of the Tax Court, 14 T.C. 1320 , is granted. See French v. … War Contracts Price Adjustment Board, 9 Cir., 1950, 182 F.2d 560 .

Presto Casting Company v. National Labor Relations Board

708 F.2d 495 · Court of Appeals for the Ninth Circuit · Jun 16, 1983

The law is clear that we must affirm a decision of the Board which relies on findings of fact supported by substantial evidence. NLRB v. … Whether the agreement was in fact reached by the parties is a question for the Board to determine. Capitol-Husting Co., Inc. v. NLRB, 671 F.2d at 243 .

Rounds v. Oregon State Board Of Higher Education

166 F.3d 1032 · Court of Appeals for the Ninth Circuit · Feb 23, 1999

Board of Regents, 385 U.S. 589, 603 , 87 S.Ct. 675 , 17 L.Ed.2d 629 (1967) (quoting United States v. Associated Press, 52 F.Supp. 362, 372 (S.D.N.Y.1943)). … When personal speech is compelled, as in Wooley v. Maynard, 430 U.S. 705 , 97 S.Ct. 1428 , 51 L.Ed.2d 752 (1977), and West Virginia State Board of Education v.

National Labor Relations Board v. Citizen-News Co.

134 F.2d 962 · Court of Appeals for the Ninth Circuit · Apr 2, 1943

The National Labor Relations Board, hereinafter referred to as the Board, has petitioned this court to enforce its order made in a proceeding instituted by the issuing of a complaint by the Board on June 27, 1938. … The Board found against the first and second charges thus summarized, which necessarily disposed of the third charge, thus leaving no basis for affirmative action by the Board.

Griffith Co. v. National Labor Relations Board

660 F.2d 406 · Court of Appeals for the Ninth Circuit · Oct 26, 1981

See.Toensing v. Brown, 528 F.2d 69 (9 Cir. 1975). To ensure the independence of the trust, § 302(c)(5) requires that the employers and employees be equally represented in the trust administration. … NLRB v.

Chunhye Kim Lee v. Arizona Board of Regents

633 F. App'x 453 · Court of Appeals for the Ninth Circuit · Mar 21, 2016

Lee) appeals the Rule 12(b)(6) dismissal of her 2013 first amended complaint (FAC) against the Arizona Board of Regents, the State of Arizona, Northern Arizona University (NAU), and certain individual employees of NAU (collectively … See Stewart v. U.S. Bancorp, 297 F.3d 953, 957 (9th Cir.2002); Dworkin v. Hustler Magazine Inc., 867 F,2d 1188, 1192 (9th Cir.1989). . Appellees’ request for attorneys’ fees on appeal is denied.

National Labor Relations Board v. Broadmoor Lumber Company

578 F.2d 238 · Court of Appeals for the Ninth Circuit · Jul 12, 1978

His decision was affirmed by the National Labor Relations Board [Board] in January, 1977. The Board seeks enforcement of this decision pursuant to the provisions of § 10(e) of the Act. … The court must affirm any Board decision to the extent that it rests on findings of fact for which there is substantial evidence in the record. Universal Camera Corp. v.

Atlas Hotels, Inc. v. National Labor Relations Board

519 F.2d 1330 · Court of Appeals for the Ninth Circuit · Jul 9, 1975

And this Court has granted the Board great latitude in making these unit determinations. Gallenkamp Stores Co. v. N.L.R.B., 402 F.2d 525 , 530 (9th Cir. *1334 1968); Foreman & Clark, Inc. v. … National Labor Relations Board v. J. W. Rex Co., supra, at 359; International Ass’n of Tool Craftsmen v. Leedom, 107 U.S.App.D.C. 268 , 276 F.2d 514, 516 (1960).